CHARLES SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHARLES SMITH, APPELLANT,
STATE OF FLORIDA, APPELLEE
359 So. 2d 42
Florida District Court of Appeal, Second District (1978)
Negative Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We relinquished jurisdiction of this cause to the trial court. Smith v. State, 353 So. 2d 205 (Fla. 2d DCA 1978). Upon resumption of jurisdiction we affirm the judgment and sentence of the trial court.
GRIMES, Acting C. J., and SCHEB and DANAHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. State, 372 So. 2d 86 (Fla. 1979)…SUNDBERG, Justice. This cause is before us on petition for writ of certiorari to review the decisions of the District Court of Appeal, Second District, reported at 353 So. 2d 205 and 359 So. 2d 42, which in concert allegedly conflict with Land v. State, 293 So. 2d 704 (Fla.1974). We must determine whether the rule of law established in Richardson v. State, 246 So. 2d 771 (Fla.1971), and its progeny is satisfied by a district court remand to t…1 / 2
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Brazell v. State, 570 So. 2d 919 (Fla. 1990)…her inquiry into the circumstances surrounding the failure to comply with the rule[J the court sustained the state’s objection. Smith v. State, 353 So. 2d 205, 206-07 (Fla. 2d DCA 1977) (emphasis added), appeal after relinquishment of jurisdiction, 359 So. 2d 42 (Fla. 2d DCA 1978), quashed, 372 So. 2d 86 (Fla.1979). Later, when confronted with these same facts, this Court held that the failure to conduct a Richardson inquiry until one year after trial was so serious an error as to require a new trial. Smit…
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Miller v. State, 373 So. 2d 377 (Fla. 2d DCA 1979)…to the trial court with directions to hold a post-trial Richardson hearing. This procedure would have been in line with our previously held views recited in our decisions relative to the case of Smith v. State, 353 So. 2d 205 (Fla. 2d DCA 1977) and 359 So. 2d 42 (Fla. 2d DCA 1978). However, and fortunately, during the formation of this opinion, we received from the Supreme Court guidance, directly on point, in the form of a reversal of our stance taken in the aforementioned case. The Supreme Court in Smith…
Authorities Cited
- Smith v. State, 353 So. 2d 205 (Fla. 2d DCA 1977)